성매매알선등행위의처벌에관한법률위반(성매매알선등)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. The summary of the grounds for appeal is subject to the sentencing (the sentence of imprisonment for one year, the suspended sentence of two years, the fine of ten million won, the probation, the community service, and the confiscation);
2. Ex officio determination (misunderstanding of facts or misunderstanding of legal principles concerning evidence ability);
A. The summary of this part of the facts charged [the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (excluding the violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. between O and P on March 29, 2018 among the facts charged in the case of this case] A is an owner of an officetel commercial sex business with the trade name of "C" and "D", and the defendant is an employee of the above business establishment.
The defendant and A shall act in collusion with each other from January 1, 2018 to the same year.
3. From the date of September 29, in order to rent five officetels, including the building F, G, H, I, and the former JtelK of the Dong-gu Incheon Metropolitan City, the following: (a) an advertisement of commercial sex acts is placed on the Internet brokerage site “L”, “M”, “N”, etc.; (b) a male customer who reported and contacted with it, and a male customer who promised to receive KRW 130,00 won, KRW 90,000, and KRW 2,60,000 as the price for commercial sex acts; and (c) a female, such as an office, who employed in advance, provided that a female, such as an office, waiting for commercial sex acts, such as an office, in which he/she is waiting, has many and unspecified male customers to have sexual sex intercourse with each other.
Accordingly, the defendant and A conspired to arrange sexual traffic for business purposes.
B. The record reveals the following facts. (A) On March 29, 2018, the police officers belonging to the Dongdong Police Station of the Japan-dong Police Station controlled the E building G around 18:20 on March 29, 2018, and recognized the suspicion of sexual traffic by forcing sexual traffic women, i.e., V or W, and seized the paper (No. 1, No. 2) and cash (No. 3), and printed out after photographing information stored in the O’s cell phone without a warrant in the form of voluntary submission.
B. The police officers, around 19:00 on the same day, arrested the Defendant as a flagrant offender of the arrangement of commercial sex acts in the middle of the Y store located X in Goyang-si.